IN THE CASE OF:	

		BOARD DATE:	  12 March 2009

		DOCKET NUMBER:  AR20080017457 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show he was awarded the Army Commendation Medal (ARCOM) with "V" (Valor) Device and to document his deployment to Iraq.  

2.  The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his ARCOM with "V" Device or his service in Iraq during the period 1 February through 25 July 2003.

3.  The applicant provides the following documents in support of his application:  DD Form 214; DA Form 638 (Recommendation for Award); Witness Statement; and ARCOM with "V" Device Certificate.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant’s record shows he enlisted in the Regular Army (RA) and entered active duty on 23 March 1999.  He was trained in, awarded, and served in military occupational specialty (MOS) 91V (Respiratory Specialist), and the highest rank he attained during his military service was specialist (SPC).

3.  The available evidence is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

4.  On 31 October 2003, the applicant was honorably released from active duty (REFRAD) under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service.  The DD Form 214 he was issued at the time confirms he completed a total of 4 years, 7 months and 8 days of active military service.  Item 12f contains the entry “0000 00 00” which indicates he completed no overseas service during the period covered by the 
DD Form 214. 

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's 31 October 2003 DD Form 214 shows he earned the following awards during his tenure on active duty:  Army Lapel Button; National Defense Service Medal (NDSM); and Army Service Ribbon (ASR).  Item 18 (Remarks) is void of an entry pertaining to service in Iraq.  

6.  The applicant provides a DA Form 638 which shows he was awarded the ARCOM with "V" Device for his meritorious achievement on 13 May 2003, while assigned to the 21st Combat Support Hospital in Iraq and serving in support of Operation Iraqi Freedom (OIF).  The DA Form 638 also confirms this award was announced in Headquarters, 21st Combat Support Hospital Permanent Orders Number 155-52, dated 26 June 2003.  

7.  A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile file pay/imminent danger pay (HFP/IDP) for Kuwait during the period 1 March 2003 through 31 July 2003.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17, contains guidance on the ICM.  It states in pertinent part, that the ICM is authorized to members who have served in direct support of OIF. The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  One bronze service star shall be worn on the suspension and campaign ribbon of the ICM for 1 or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are:  Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

9.  Paragraph 2-19 of the awards regulation contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states in pertinent part that the GWOTSM is authorized to all members who served on active duty, outside of the designated areas of expedition, on or after 11 September 2001 to a future date to be determined.  

10.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information to the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

12.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 13 state, in pertinent part, to enter awards for all periods of service.  The instructions for Item 18 (Remarks) state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his award of the ARCOM with "V" Device was carefully considered and found 
to have merit.  The evidence includes a DA Form 638 which confirms Headquarters, 21st Combat Support Hospital, Permanent Orders Number 
155-52, dated 26 June 2003, awarded the applicant the ARCOM with "V" Device for his meritorious achievement with valor on 13 May 2003, while serving in Iraq in support of OIF.  Therefore, it would be appropriate to add this award to his record and his DD Form 214 at this time. 

2.  The applicant's contention that his DD Form 214, Item 12f and Item 18, should be corrected to show his foreign service in Iraq as 1 February 2003 through 
25 July 2003 was carefully considered.  By regulation, all foreign service completed will be entered in Item 12f of the DD Form 214, and the deployed service of an active duty Soldier should be documented with an entry in Item 18 of the DD Form 214.

3.  The evidence of record confirms the applicant received HFP/IDP pay for Kuwait during the period 1 March through 25 July 2003, as evidenced by the DFAS pay record.  As a result, there is insufficient evidence to corroborate the applicant served in Iraq during the month of February.  Therefore Item 12f should be corrected to show he completed a total of "0000 04 25" of foreign service, and an entry should be added to Item 18 to document his service in Iraq from 20030301 through 20030725.  

4.  Lacking any derogatory information or evidence of formal disqualification that would have precluded him from receiving the AGCM, it is also concluded that he completed a period of qualifying honorable active duty service to qualify for the AGCM.  Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 23 March 1999 through 22 March 2002, and to add this award to Item 13 of his DD Form 214.

5.  Furthermore, the evidence of record confirms that based on the applicant’s active duty service on and after 11 September 2001, and his service in Iraq in support of OIF he is also entitled to the GWOTSM and the ICM with 2 bronze service stars.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 31 October 2003 DD Form 214 by:

	a.  awarding him the AGCM for the period 23 March 1999 through 22 March 2002; 

	b.  adding the ARCOM with "Valor" Device, Global War on Terrorism Service Medal and Iraqi Campaign Medal with 2 bronze service stars;

	c.  deleting the current entry in Item 12f and replacing it with "0000 04 25";

	d.  adding the entry in Item 18:  "SERVICE IN IRAQ 20030301 – 20030725"; and 	

	e.  by providing him a correction to his separation document that includes these changes.




      _______ _x   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080017457



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ABCMR Record of Proceedings (cont)                                         AR20080017457



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